These Athlete Terms and Conditions form a part of and are incorporated into that certain Agreement (“Agreement”) between Gymfinite and Athlete. Capitalized terms used in these Athlete Terms and Conditions shall have the same meanings ascribed to them in the Agreement unless otherwise defined herein. In the event of a conflict between these Athlete Terms and Conditions and the terms and conditions of the Agreement, these Athlete Terms and Conditions shall control unless otherwise expressly and unambiguously provided in the Agreement. These Athlete Terms and Conditions may be modified at any time in the sole and absolute discretion of Gymfinite and shall survive the termination of the Agreement for any reason.
Notwithstanding anything to the contrary in the Agreement, Athlete acknowledges and agrees that his or her access to and use of the Website, and access to and use of the Gym(s) within his or her Plan, are subject to and expressly conditioned upon the following covenants, conditions, restrictions and limitations:
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